



                        ALABAMA DECLARATION OF RIGHTS

               (Article I of the 1901 Constitution of Alabama)
                            As amended through 1966

                                  ARTICLE I.

                            DECLARATION OF RIGHTS

          That the great,   general,  and  essential principles of  liberty
          and  free  government  may  be  recognized  and  established,  we
          declare:

Sec. 1    That all  men are  equally  free and independent;  that they  are
          endowed by  their Creator  with certain  inalienable rights; that
          among these are life, liberty and the pursuit of happiness.

Sec. 2    That all political power is inherent in the people, and all  free
          governments are  founded on  their authority,  and instituted for
          their benefit;  and that,  therefore, they  have at  all times an
          inalienable and indefeasible right  to change their form  of gov-
          ernment in such manner as they may deem expedient.

Sec. 3    That no religion shall be established by law; that no  preference
          shall be given by law  to any religious sect, society,  denomina-
          tion, or mode of worship; that  no one shall be compelled by  law
          to attend any place of worship; nor to pay any tithes, taxes,  or
          other rate for building or repairing any place of worship, or for
          maintaining  any  minister  or  ministry;  that no religious test
          shall be  required as  a qualification  to any  office or  public
          trust under this  state; and that  the civil rights,  privileges,
          and capacities of any citizen shall not be in any manner affected
          by his religious principles.

Sec. 4      That no  law shall  ever be  passed to  curtail or restrain the
          liberty of  speech or  of the  press; and  any person  may speak,
          write, and publish his sentiments on all subjects, being respons-
          ible for the abuse  of that liberty.   And, to guard against  any
          encroachments  on  the  rights  herein  retained, we declare that
          everything in this Declaration of  Rights is excepted out of  the
          general powers of government, and shall forever remain inviolate.

Sec. 5    That the people shall be secure in their persons, houses, papers,
          and possessions from unreasonable  seizure or searches, and  that
          no  warrants  shall  issue  to  search  any place or to seize any
          person  or  thing  without  probable  cause, supported by oath or
          affirmation.

Sec. 6    That in all criminal prosecutions, the accused has a right to  be
          heard by himself and counsel, or either; to demand the nature and
          cause of the accusation; and to  have a copy thereof; to be  con-
          fronted by the witnesses against him; to have compulsory  process
          for obtaining witnesses in his favor; to testify in all cases, in
          his own behalf, if he elects  so to do; and, in all  prosecutions
          by indictment, a  speedy, public trial,  by an impartial  jury of
          the county or district in which the offense was committed; and he
          shall not be compelled to  give evidence against himself, nor  be
          deprived of life, liberty, or property, except by due process  of
          law; but  the legislature  may, by  a general  law, provide for a
          change of venue  at the instance  of the defendant  in all prose-
          cutions by indictment, and  such change of venue,  on application
          of the defendant,  may be heard  and determined without  the per-
          sonal presence of the  defendant so applying therefor;  provided,
          that at the time of the application for the change of venue,  the
          defendant is imprisoned in jail  or some legal place of  confine-
          ment.

Sec. 7    That no person shall be accused or arrested, or detained,  except
          in cases ascertained by law, and according to the form which  the
          same  has  prescribed;  and  no  person  shall be punished but by
          virtue of a law established and promulgated prior to the  offense
          and legally applied.

Sec. 8    No person  shall for any indictable offense be proceeded  against
          criminally by information, except in cases arising in the militia
          and volunteer forces  when in actual  service, or when  assembled
          under arms as a military organization, or, by leave of the court,
          for misfeasance, misdemeanor, extortion and oppression in office,
          otherwise than is provided in the Constitution; provided, that in
          cases of misdemeanor, the legislature may by law dispense with  a
          grand jury and authorize such prosecutions and proceedings before
          justices of the peace or such other inferior courts as may be  by
          law established.  Provided further that in all felony cases,  ex-
          cept those punishable by capital punishment, the legislature  may
          by law dispense with a grand jury and authorize such prosecutions
          and proceedings in such manner as  may be provided by law if  the
          defendant, after having had the  advice of counsel of his  choice
          or in the  event he is  unable to employ  counsel, the advice  of
          counsel which must be appointed by the court, makes known in open
          court to a  judge of a  court having jurisdiction  of the offense
          that he desires to plead guilty, provided, however, the defendant
          cannot  plead  guilty  within  fifteen  days  after  his  arrest.
          (Amended 1939.)

Sec. 9    That no  person  shall,  for the  same  offense,  be twice put in
          jeopardy of life  or limb; but  courts may, for  reasons fixed by
          law, discharge juries from the consideration of any case, and  no
          person shall gain an advantage by reason of such discharge of the
          jury.

Sec. 10   That  no person  shall be  barred  from  prosecuting or defending
          before any  tribunal in  this state,  by himself  or counsel, any
          civil cause to which he is a party.

Sec. 11   That the right of trial by jury shall remain inviolate.

Sec. 12   That  in all  prosecution  for  libel or  for the  publication of
          papers investigating the official  conduct of officers or  men in
          public  capacity,  or  when  the  matter  published is proper for
          public information, the truth  thereof may be given  in evidence;
          and that in  all indictments for  libel, the jury  shall have the
          right to determine the law  and the facts under the  direction of
          the court.

Sec. 13    That all courts  shall be open;  and that every  person, for any
          injury  done  him,  in  his  lands, goods, person, or reputation,
          shall have a remedy by due process of law; and right and  justice
          shall be administered without sale, denial, or delay.

Sec. 14   That the State of Alabama shall never be made a defendant in  any
          court of law or equity.

Sec. 15   That excessive fines  shall not be imposed, nor cruel or  unusual
          punishment inflicted.

Sec. 16   That  all persons shall,  before conviction, be bailable  by suf-
          ficient sureties, except for capital offenses, when the proof  is
          evident or the presumption  great; and that excessive  bail shall
          not in any case be required.

Sec. 17   That the privilege of the writ of habeas corpus shall not be sus-
          pended by the authorities of this state.

Sec. 18   That treason against the state shall consist only in levying  war
          against it, or adhering to its enemies, giving them aid and  com-
          fort; and that no person shall be convicted of treason, except on
          the testimony of two witnesses to the same overt act, or his  own
          confession in open court.

Sec. 19   That no person shall be attainted of treason by the  legislature;
          and no conviction shall work corruption of blood or forfeiture of
          estate.

Sec. 20   That no person shall be imprisoned for debt.

Sec. 21   That no power of suspending laws shall be exercised except by the
          legislature.

Sec. 22   That no ex post facto law, nor any law, impairing the obligations
          of contracts, or  making any irrevocable  or exclusive grants  of
          special privileges or immunities, shall be passed by the legisla-
          ture; and every grant or franchise, privilege, or immunity  shall
          forever remain subject to revocation, alteration, or amendment.

Sec. 23   That the exercise  of the right of eminent domain shall  never be
          abridged  nor  so  construed  as  to prevent the legislature from
          taking the property and franchises of incorporated companies, and
          subjecting them  to public  use in  the same  manner in which the
          property and franchises of  individuals are taken and  subjected;
          but private property shall not be taken for, or applied to public
          use, unless just compensation  be first made therefor;  nor shall
          private property  be taken  for private  use, or  for the  use of
          corporations, other  than municipal,  without the  consent of the
          owner; provided, however,  the legislature may  by law secure  to
          persons or corporations the right of way over the lands of  other
          persons  or  corporations,  and  by  general laws provide for and
          regulate the exercise by  persons and corporations of  the rights
          herein reserved; but  just compensation shall,  in all cases,  be
          first made to the owner; and, provided, that the right of eminent
          domain shall not be so  construed as to allow taxation  or forced
          subscription for the  benefit of railroads  or any other  kind of
          corporations, other  than municipal,  or for  the benefit  of any
          individual or association.

Sec. 24   That all  navigable waters shall remain forever public  highways,
          free to the citizens of the state and the United States,  without
          tax, impost, or toll; and that no tax, toll, impost, or  wharfage
          shall be demanded or received  from the owner of any  merchandise
          or commodity for the  use of the shores  or any wharf erected  on
          the shores , or in or over the waters of any navigable  streams,
          unless the same be expressly authorized by law.

Sec. 25   That the citizens have a right, in a peaceable manner, to  assem-
          ble together for the common good, and to apply to those  invested
          with the power of government  for redress of grievances or  other
          purposes, by petition, address, or remonstrance.

Sec. 26   That every citizen has a right to bear arms in defense of himself 
          and the state.

Sec. 27   That no standing army shall be kept up without the consent of the
          legislature, and, in that case, no appropriation for its  support
          shall be made for a longer  term than one year; and the  military
          shall, in all cases, and at all times, be in strict subordination
          to the civil power.

Sec. 28   That  no soldier  shall, in time  of peace, be  quartered in  any
          house without the consent of the owner; nor, in time of war,  but
          in a manner to be prescribed by law.

Sec. 29   That no  title of nobility or hereditary distinction,  privilege,
          honor, or emolument shall every  be granted or conferred in  this
          state; and that  no office shall  be created, the  appointment to
          which shall be for a longer time than during good behavior.

Sec. 30   That  immigration shall  be encouraged; emigration  shall not  be
          prohibited, and no citizen shall be exiled.

Sec. 31   That temporary absence from the state shall not cause a  forfeit-
          ure of residence once obtained.

Sec. 32   That  no form  of slavery shall  exist in this  state; and  there
          shall not be  any involuntary servitude,  otherwise than for  the
          punishment of  crime, of  which the  party shall  have been  duly
          convicted.

Sec. 3.   The privilege  of suffrage shall be protected by  laws regulating
          elections, and prohibiting,  under adequate penalties,  all undue
          influences  from  power,  bribery,  tumult,  or  other   improper
          conduct.

Sec. 34   Foreigners who are, or may hereafter become, bona fide  residents
          of this  state, shall  enjoy the  same rights  in respect  to the
          possession,  enjoyment,  and  inheritance  of property, as native
          born citizens.

Sec. 35   That the sole object and only legitimate end of government is  to
          protect the citizen in the  enjoyment of life, liberty, and  pro-
          perty,  and  when  the  government  assumes other functions it is
          usurpation and oppression.

Sec. 36   That this enumeration of certain rights shall not impair or  deny
          others retained by the people;



